Section 16 - Designation of Responsibilities(a) General Responsible Charge. For every project there shall be an architect or structural engineer in general responsible charge of plans, specifications, and observation of the work of construction, except that where plans, specifications, or work of construction for alterations or repairs do not involve architectural or structural changes said plans, specifications and observation of the work of construction may be under the responsible charge of a professional engineer qualified to perform services and registered in that branch of engineering applicable to the work. A project may be divided into parts, provided that each part is clearly defined by a building or similar distinct unit. The part, so defined, shall include all portions and utility systems or facilities necessary to the complete functioning of that part. Separate assignments of general responsible charge may be made for the parts.
(b) Delegation of Responsibility. The architect or structural engineer in general responsible charge may delegate responsibility for any portion of the work to, or may employ or retain, other architects or registered engineers. No delegation to, or employment or retention of, others shall be construed as relieving the architect or structural engineer in general responsible charge of his rights, duties, and responsibilities under Sections 39148 and 81138 of the Education Code and Sections 36, 41 and 44 of these rules and regulations. Subject to the provisions of the immediately precedent sentence, the architect or structural engineer in general responsible charge shall employ or retain, under his supervision, professional engineers registered in the applicable branches of engineering to design and observe the construction, including the making of verified reports (see Section 36), of the mechanical and electrical portions of the work, but this requirement for observation of construction may be waived when special mechanical and electrical inspection is provided in accordance with Section 33(c), where the elements of the mechanical and electrical portions of the work will not be significant to the safety of the building or its occupants.
(c) Assumption of Responsibility. The architect or registered engineer who submits for approval plans and specifications for any project or portion of a project which have been prepared by others shall assume responsibility for the safety of design of the completed construction and for the interpretation of and any necessary amplification of the plans and specifications of the project. He shall manually sign all plans submitted for approval to indicate his assumption of responsibility or may in lieu thereof, sign and submit plans prepared under his own charge. (See Section 17(h) for other signatures.) When an architect or registered engineer accepts the responsibility for completion of a project or portion of a project relinquished by another, that architect or registered engineer thereby assumes responsibility as follows:
(1) If the relinquishment occurs prior to the completion of the design documents all responsibility shall be assumed. (See first paragraph of this subsection for procedure.)(2) If the relinquishment occurs after the design drawings and specifications have been completed and approved by the office, the assuming architect or registered engineer shall be responsible for the construction of the project in accordance with the design of the relinquishing architect or engineer. The assuming architect or registered engineer shall assume responsibility for the interpretation of and any necessary amplification of the plans and specifications and shall manually sign any such documents prepared for that purpose.(d) Acceptance of Responsibility. The assumption of general responsible charge or of delegated responsibility shall be clearly outlined, accepted and approved by the parties concerned (including the school board) Form SSS-1. Application for Approval of Plans and Specifications, provides for the common conditions of delegation of responsibility, but for unusual cases, or for changes in responsibility taking place after the plans have been submitted for approval, the delegation of responsibility, acceptances and approvals thereof, shall be submitted in letter form in duplicate, which shall include an indication that the school board has been notified.(e) Evidence of Responsibility. The manual signature of the architect or registered engineer on a plan, specification, or other document shall be deemed evidence that full responsibility is assumed by the signatory for the work shown thereon, including also those portions of the accompanying computations, specifications, or plans which pertain to such work, unless express notice of disclaimer of responsibility is given in writing to the office prior to the approval of the plans and specifications.(f) Alternates. The applicant, or the architect or registered engineer having general or delegated responsibility, may name one or more persons to act as alternate(s) for the design and/or observation of the work of construction provided such persons are architects or registered engineers who themselves are qualified under these rules and regulations to assume the responsibility assigned. Alternates may be named on Form SSS-1, Application for Approval of Plans and Specifications, or in letter form in duplicate. Letter forms shall be submitted prior to performance of work by the alternate and shall include an indication that the school board has been notified.
Cal. Code Regs. Tit. 21, § 16
Note: Authority cited: Sections 39152 and 81142, Education Code. Reference: Sections 39148 and 81138, Education Code.